Gambia: Defence Lawyers Galled At Ex-Spy Chiefs’ Detention

(JollofNews) – Lawyers defending nine former senior officers of the Gambia National Intelligence Agency (NIA) accused of killing an executive member of the United Democratic Party (UDP) have expressed anger at their continuous detention at the notorious Mile Two Prisons.

However, since their first court appearance and subsequent detention on 23rd February, state prosecutors have not furnished their lawyers and the court with any information pertaining to the case.

At the resumption of the case on Monday, State Prosecutor M.B Abubacarr, said although they have received a case file from the police last Friday, he wants the state to be granted a long adjournment to enable them to build a strong case against the accused.

“As things stand at the moment, the investigations are yet to be completed,” he said. “We need more time to engage the police on vital areas such as forensic examination, which requires bringing experts from outside the country.”

Responding to the prosecution, one of the defence lawyers, Moses Richards, said as there is nothing before the court, it is illegal for the court to keep the accused persons incarcerated at the Mile Two Prisons.

He added that as the state has clearly informed the court that it not yet ready to proceed with the case, the accused persons should at least be released on bail if the court is not minded to strike out the charges against them.

“The accused persons do not pose a flight risk and my client [Saikou Omar Jeng] is eager to clear his name as soon as possible,” he said.

Solo Sandeng was killed in detention

“Criminal cases cannot be adjourned for two weeks especially when the accused persons are in custody. My client is sick and was denied his right to see a doctor and it is illegal for the court to keep the accused persons incarcerated without bail, when there was nothing before the court.”

Also addressing the court, Christopher Mene, another defence lawyer said: “According to the state they are still not ready with the investigations, and the information filed was not complete. Documents such as exhibits, summary of evidence, witness statements, among others, are missing and until proper information is before the court and the accused take their plea, the court could not sit on the case.”

He added: “We want your lordship to exercise its discretion to strike out this matter for lack of diligent prosecution. The prosecution can re-arraign the accuse persons when it have time to bring experts all over the world to complete their investigations.”

However the request of the defence lawyers was rejected by the presiding judge, Justice Kumba Sillah-Camara.

The judge said she has taken into consideration the fact the prosecution has filed information to the court. She said she would have struck out the case and discharge the accused persons if they have not been remanded in custody by a lower court.

In essence, the remand into custody of the accused is lawful: they are charged with murder. The evidence on which they are arrested may not all be in the public domain, but what is out there from the testimony of Nogoi Njie and presented at the High Court last year is clear: Solo was murdered at the NIA and the individuals arrested for the murder all had a part to play in Solo’s arrest, detention and death. They deserve to be in custody, even if it takes a year or more to bring them to trial (as sometimes happens in such cases even here in UK).

Defendants were remanded into custody by a court of law. There detention is therefore legal. I agree with my in law.
All their rights, including right to medical treatment when required, should be fully guaranteed and any official found to be infringing these should be disciplined.

My attitude towards these thugs is one for total disregard of the due process guarantee status for their case. They don’t deserve the due process legality that they denied SOLO Sandeng. Their remanding in custody is the only logical step while the prosecution gather all elements to this case. Extraordinary circumstances require extraordinary measures. Their crime can be ranked as domestic terrorism which would pave the way to incarcerate them indefinitely until verdict is reached.

I think 99% of Gambians agree with you Kinteh. The problem of Democracy is that criminals such as these take advantage of the Democratic process – while they denied it to their victims! Think of the Chicago gangster who shoot people dead without any qualms and then demand “due process” when they are arrested. Alas, we have to follow due process – being more civilised than the brutes.

Buba Sanyang, Bax, Kinteh (kemo),
When I read some of your articles, I conclude that you bear NO democratic attitudes neither are you really cognizant of democratic dispensation.
You are condoning attitudes of the security forces that you long accused and villified the President Jammeh government of: detention over the stipulated period of remand time.
Are you saying it’s right what your securities forces are doing, because your bitty “coalition” government is in power?
There s NO due process being followed here. Solo Sandeng was presumably killed by the NIA, right? Well his killers were reprimanded, arrested and taken into custody. The prosecutors should follow the due process of the laws until his presumed killers are rightfully arraigned by the courts. But jailing them for days without prosecution indictment tantamounts to abuse of their rights, which the “coalition” supporters are now condoning. It’s heinous!

Babu, you make me laugh with you amateuristic attempts to define me, Bax and Kemo as undemocratic. Where were you when Solo’s allege killers were arrested and charged with conspiracy to commit felony? So far the due process of the law has been followed so i am struggling to understand how you reach a conclusion to the contrary. I have advised you time and time again to stop trying to score cheap political points. It is making you sound disingenuous at best and a hypocrite at worst. Both of which are not a not a good traits. Both Bax and I have demanded that the person who deny one of the accused be reprimanded, that is more than you did. If you really care about democracy you would have add your voice to ours to send a clear message to the authorities in the Gambia that we the Gambians will not compromise on any form of human rights abuses.